HomeMy WebLinkAboutOrd 2003-19 ORDINANCE 03-19
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS RELATING TO THE
REQUIREMENTS FOR ACCESSORY BUILDINGS AND SOLAR UNITS.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22,
on November 18. 1993, adopting The Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Town desires to amend the Zoning Ordinance to modify the
requirements for accessory buildings and solar units; and
WHEREAS, the Town has published the proposed text changes in The Times of
Fountain Hills and Rio Verde on September 10, 2003; and
WHEREAS, pursuant to ARIz. REV. STAT. § 9-462.04, public hearings were advertised
in the September 10, 2003 editions of The Times of Fountain Hills and Rio Verde; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on September 25, 2003 and by the Mayor and Council of the Town of Fountain
Hills (the "Town Council") on October 2, 2003.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Zoning Ordinance, Chapter 5, General Provisions, Section 5.06,
Yard, Lot and Area Requirements, is hereby amended as follows:
H. Large Accessory Buildings (Detached).
Any detached accessory building greater than 120 square feet in size, shall not be
located in any building setback, shall be at least six (6) feet from the main structure, shall
be located behind the front line of the primary structure on the front, and behind the street
side of the primary structure on the street side of a corner lot, and shall not exceed fifteen
(15) feet in height.
I. Solar Units.
Solar heating, cooling units, solar greenhouses and associated apparatus shall be
located behind the front line of the primary structure on the front, and behind the street
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side of the primary structure on the street side of a corner lot, shall not cover more than
thirty (30) percent of any side or rear yard, shall be at least three (3) feet from any rear
and side lot lines, shall be at least six (6) feet from any other structure, and shall not
exceed twelve (12) feet in height. With the exception of the solar panels, any solar
heating or cooling unit shall be screened from public view.
appealed to the Tewl Ce&i cil by Special Use Permit.
SECTION 2. This amendment replaces all previous amendments or adoptions to
Chapter 5.06 of the Zoning Ordinance.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, October 2, 2003.
FOR TH W F FOUNTAIN HILLS ATTESTED TO:
,,41) /1 Ldtsl
W.J. cho s, ayor :evelyn J. nd , own Clerk
REV ED BY• APPROVED AS TO FORM:
017‘,
Tim G. Pickering, Town pager Andrew J. McGuire, Town Attorney
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